Tampa BUI Defense Attorneys

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When stopped on suspicion of drunk driving, it is important to note that
just because your BAL is under the legal limit does not mean you will
not be arrested. In fact, there are circumstances where the officer may
simply believe you have had enough to drink to begin affecting your normal
faculties. However, as mentioned above, there are many factors of being
out on the water that can make it appear as if you are drunk even when
you're not.

For example, being in the heat can make you fatigued, which can mirror
the symptoms of being intoxicated. There are also "stressors,"
which can make you more susceptible to alcohol or cause symptoms that
mirror intoxication.

These stressors all come from the marine-type environment, such as the
following:

Motion of the Boat

Sound of the Engine

Heat & Wind

Spray of the Water

All of these can cause a driver to become fatigued and to begin to display
symptoms that are similar to boating when intoxicated. The USCG warns
that these stressors can also cause a boat operator to lose coordination,
judgment and reaction time faster than someone who was drinking on land.
This is made only worse by the fact that boat operators often do not have
the benefit of a lot of experience.

With its prime coastal location and large population of waterways, Florida
residents are known for having fun in the sun. Unfortunately, this does
come at a cost. Similar to driving, if you have been found to be boating
while intoxicated or under the influence, you could be found criminally guilty.

Having a blood alcohol level (BAL) over 0.08 percent is considered evidence
to your intoxication; unfortunately, there are certain factors of boating
which can aggravate symptoms or make it appear that you are drunker than
you actually are. Just because you have been arrested, however, does not
mean that you will be convicted.​​​​​​

BUI Defense in Florida

No matter whether you were arrested in a canoe, rowboat, speed boat, ship,
or other, it is extremely important that no time is wasted in getting
the involvement of an aggressive defense lawyer to look out for your best
interests. There are steps that can be taken to protect your rights; at
our firm, we know these steps and will do everything possible to ensure
that you are defended against any potential criminal charges.

BUI charges do not always fall under Florida jurisdiction. If you are boating
close to shore, on a lake, or a river within Florida, this will fall under
status jurisdiction; however, if you are boating out in the open water,
it could become a federal offense.

In these cases, it would be enforced by the United States Coast Guard (USCG)
who take drunk boating extremely seriously.

Whereas drivers can clock thousands of hours behind the wheel, the typical
boater spend roughly about 100 hours on the water annually. This danger
has resulted in heightened awareness by the USCG, who have released several
PSAs regarding the dangers of boating under the influence. This has resulted
in increased vigilance to catch these drivers before they cause any harm
to fellow boaters or to those who are in the boat with them.

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DUI Defense in Florida

At Thomas & Paulk, one of our primary focuses is on the defense of
DUI charges. In fact, we are recognized throughout the Tampa area as one
of the premier DUI defense law firms. Our team is well-versed in this
area of the law and has a wide-expanse of experience in helping our clients
fight against such charges.

It doesn’t matter if this is your first offense or your third, you
can count on our firm to have the experience to protect your legal rights.
Often, our defense starts with recounting with you how the police officer
came to stop you in the first place and how he or she came to believe
you may be under the influence of alcohol. If the stop was illegal, or
the tests were improperly administered, we may be able to argue for the
dismissal of that evidence in court, helping your chances of a dropped charge.

If you would like to learn more about how our team can help, contact us today.

If you're arrested for DUI, you only have
10 days to schedule a DMV hearing where you can fight to save your license.

A blood alcohol reading of
0.15% or more can warrant an aggravated DUI charge with harsher penalties.

Each year, Hillsborough County issues around
4,000 DUI citations. Out of these, more than 3,000 are found guilty.

Per Florida's zero-tolerance policy, anyone
under the age of 21 who tests positive for any measurable blood alcohol can be charged with DUI.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.